Polestar Maritime Limited vs M T Ethane Pearl (Imo No 9752307) on 28 July, 2021

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Gujarat High Court

Polestar Maritime Limited vs M T Ethane Pearl (Imo No 9752307) on 28 July, 2021

Bench: N.V.Anjaria

      C/AS/9/2021                                 ORDER DATED: 28/07/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/ADMIRALTY SUIT NO. 9 of 2021

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                       POLESTAR MARITIME LIMITED
                                 Versus
                    M T ETHANE PEARL (IMO NO 9752307)
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Appearance:
for the Defendant(s) No. 1,2,3,4
HARSH V GAJJAR(7828) for the Plaintiff(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                             Date : 28/07/2021

                              ORAL ORDER

In the present Admiralty Suit, following order came to be passed on 25.3.2021.

"Mr. Premal Nanavaty, learned advocate assisted by Mr.Harsh Gajjar, learned advocate for the plaintiff submitted that since the vessel has travelled beyond the territorial jurisdiction of this High Court, he has requested to keep the mater pending. According to his submission, when the matter was mentioned for circulation, the vessel was within the territorial jurisdiction of this High Court. Be that as it may, this mater is adjourned to 09.04.2021."

1.1 Learned advocate Mr.Premal Nanavaty for the plaintiff, yesterday made mention for urgently listing the Admiralty Suit. Accordingly, accepting the request, the suit was listed today.

2. Learned advocate for the plaintiff stated that the defendant No.1 Vessel M.T.ETHANE PEARL (IMO No.9752307) is presently within the territorial waters of Gujarat and consequentially within the admiralty jurisdiction of this Court and that the vessel would be beaching today at the port of Dahej.

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C/AS/9/2021 ORDER DATED: 28/07/2021

3. As regards the arrest of the defendant Vessel in connection with the maritime claim of the plaintiff, learned advocate for the plaintiff fairly invited attention of the Court to the letter of undertaking dated 17.12.2019 (copy figures at Exhibit D, Page No.22/A) in the compilation of the suit, by virtue of which the dues of the plaintiff is secured.

4. In view of the above letter of undertaking, the order of arrest of the defendant Vessel is not required to be passed.

5. Notice to the respondents, returnable on 11.8.2021.

Service is permitted to be effected through the owner of the Vessel. It shall be served through Assistant Port Officer, Dahej Port. Defendant Nos.2 to 4 are permitted to be served through mode of e-mail. The e-mail address shall be supplied to the Registry. Direct service as above shall be given today itself.

(N.V.ANJARIA, J) Manshi Page 2 of 2 Downloaded on : Thu Jul 29 10:06:06 IST 2021

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